Safety Zone; Cleveland National Air Show, Cleveland, OH, 53142-53144 [2012-21532]
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EMCDONALD on DSK67QTVN1PROD with RULES
53142
Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email the Bridge Administrator, Coast
Guard Thirteenth District; telephone
206–220–7282 email
randall.d.overton@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Oregon Department of Transportation
has requested that the Interstate 5
Bridges which cross the Columbia River
at mile 106.5 only be required to lift to
a reduced height of 130 feet above
Columbia River Datum for a 30 day
period. The height restricted lifts are
necessary to facilitate heavy
maintenance on the bridges lift-spans.
The I–5 Bridges cross the Columbia
River at mile 106.5 and provide three
designated navigation channels with
vertical clearances ranging from 39 to 72
feet above Columbia River Datum while
the lift spans are in the closed position.
Vessels which do not require a full
bridge opening may continue to transit
beneath the bridges during this
maintenance period. Under normal
operation the bridges are governed by 33
CFR 117.869, which requires that the
draws open fully and promptly on
signal except that the draws need not
open from 6:30 a.m. to 9 a.m. and from
2:30 p.m. to 6 p.m. Monday through
Friday excluding federal holidays. The
lift-spans when fully opened provide
178 feet of vertical clearance above
Columbia River Datum. This deviation
period is from 7 a.m. on September 15,
2012 through 6 p.m. October 14, 2012.
The deviation allows the lift spans of
the I–5 Bridges across the Columbia
River, mile 106.5, to be raised to a
reduced height of 130 feet above
Columbia River Datum from 7 a.m. on
September 15, 2012 through 6 p.m.
October 14, 2012. Scaffolding will be
attached to the bridge during this
maintenance evolution which will
restrict the height the lift-spans can be
raised. Lift heights greater than 130 feet
above Columbia River Datum will not be
capable during this maintenance period
from September 15, 2012 until October
14, 2012. The bridge shall operate in
accordance with 33 CFR 117.869 at all
other times. Waterway usage on this
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stretch of the Columbia River includes
vessels ranging from commercial tug
and tow vessels to recreational pleasure
craft. Mariners will be notified and kept
informed of the bridge’s operational
status via the Coast Guard Notice to
Mariners publication.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedule immediately
at the end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: August 21, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012–21535 Filed 8–30–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0814]
RIN 1625–AA00
Safety Zone; Cleveland National Air
Show, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Erie and Cleveland Harbor at
Burke Lakefront Airport, Cleveland, OH.
This safety zone is intended to restrict
vessels from a portion of Lake Erie and
Cleveland Harbor (near Burke Lakefront
Airport). This temporary safety zone is
necessary to protect participants,
spectators, and vessels from the hazards
associated with aerial insertions and
aircraft maneuvers.
DATES: This rule is effective from 11:30
a.m. on August 30, 2012, until 6:00 p.m.
on September 3, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2012–0814]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ You may visit the Docket
Management Facility, Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
SUMMARY:
PO 00000
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Fmt 4700
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email LT Christopher Mercurio, Chief of
Waterway Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with aerial insertions and
aircraft maneuvering, which are
discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The Cleveland National Air Show has
been taking place annually since 1964.
During the 2012 show, as with shows in
the past, there will be various high
speed aerial and military tactical
demonstrations on and over Burke
Lakefront to include various maneuvers
by U.S. Navy Blue Angels and civilian
aircraft and by personnel on the Burke
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Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
Lakefront Airport grounds. Specifically,
this year’s aerial and military tactical
demonstrations will take place between
11:30 a.m. to 4:30 p.m. on August 30,
2012, 10:00 a.m. to 4:30 p.m. on August
31, 2012, and 8:00 a.m. to 6:00 p.m. on
September 1, 2012 through September 3,
2012. A heavy amount of recreational
boating traffic is expected for these
demonstrations. The Captain of the Port
Buffalo has determined that the
maneuvers combined with a high
concentration of recreational vessels
will create significant risks for the
boating public.
EMCDONALD on DSK67QTVN1PROD with RULES
C. Discussion of Final Rule
With the aforementioned risks in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of participants and the boating
public during the Marine Event. This
safety zone will be effective from 11:30
a.m. on August 30, 2012 until 6:00 p.m.
on September 3, 2012. It will only be
enforced, however, from 11:30 a.m. to
4:30 p.m. on August 30, 2012, 10:00
a.m. to 4:30 p.m. on August 31, 2012,
and 8:00 a.m. to 6:00 p.m. on September
1 through 3, 2012.
The safety zone will encompass a
portion of Lake Erie and Cleveland
Harbor near Burke Lakefront Airport
from position 41°30′20″ N and
081°42′20″ W to 41°30′50″ N and
081°42′49″ W, to 41°32′09″ N and
081°39′49″ W, to 41°31′53″ N and
081°39′24″ W, then return to the original
position (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated on
scene Patrol Commander (PATCOM).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. Only state, federal, and
local vessels will be allowed in the
safety zone. The Captain of the Port or
his designated on-scene representative
may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes and
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
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does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This temporary final rule may affect
the following entities, some of which
might be small entities: The owners of
operators of vessels intending to transit
or anchor in a portion of Lake Erie and
Cleveland Harbor from 11:30 a.m. to
4:30 p.m. on August 30, 2012, 10:00
a.m. to 4:30 p.m. on August 31, 2012,
and 8:00 a.m. to 6:00 p.m. on September
1 through 3, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will be
in effect for approximately ten hours
each day in an area with low
commercial vessel traffic. Also, in the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Buffalo to transit
through the safety zone. Additionally,
the Coast Guard will give advanced
notice to the public via a local Broadcast
Notice to Mariners that the regulation is
in effect. Moreover, the COTP will
suspend enforcement of the safety zone
if the event for which the zone is
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53143
established ends earlier than the
expected time.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
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Federal Register / Vol. 77, No. 170 / Friday, August 31, 2012 / Rules and Regulations
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
EMCDONALD on DSK67QTVN1PROD with RULES
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
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10:37 Aug 30, 2012
Jkt 226001
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone, and
therefore, it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. A final environmental
analysis checklist and a categorical
exclusion determination are available in
the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0814 to read as
follows:
■
§ 165.T09–0814 Safety Zone; Cleveland
National Air Show, Cleveland, OH.
(a) Location. The safety zone will
encompass a portion of Lake Erie and
Cleveland Harbor near Burke Lakefront
Airport from position 41°30′20″ N and
081°42′20″ W to 41°30′50″ N and
081°42′49″ W, to 41°32′09″ N and
081°39′49″ W, to 41°31′53″ N and
081°39′24″ W, then return to the original
position (NAD 83).
(b) Enforcement Period. This
regulation will be enforced from 11:30
a.m. to 4:30 p.m. on August 30, 2012,
10:00 a.m. to 4:30 p.m. on August 31,
2012, and 8:00 a.m. to 6:00 p.m. on
September 1 through 3, 2012.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
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Sfmt 4700
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: August 22, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2012–21532 Filed 8–30–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0116; FRL–9338–2]
Nitric Acid; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of nitric acid
(CAS Reg. No. 7697–37–2) when used as
an inert ingredient in antimicrobial
pesticide formulations applied to foodcontact surfaces in public eating places,
dairy processing equipment, and foodprocessing equipment and utensils at a
maximum level in the end-use
concentration of 1,000 parts per million
(ppm). Ecolab Inc. submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of nitric acid.
DATES: This regulation is effective
August 31, 2012. Objections and
requests for hearings must be received
on or before October 30, 2012, and must
be filed in accordance with the
instructions provided in 40 CFR part
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Rules and Regulations]
[Pages 53142-53144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21532]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0814]
RIN 1625-AA00
Safety Zone; Cleveland National Air Show, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie and Cleveland Harbor at Burke Lakefront Airport, Cleveland,
OH. This safety zone is intended to restrict vessels from a portion of
Lake Erie and Cleveland Harbor (near Burke Lakefront Airport). This
temporary safety zone is necessary to protect participants, spectators,
and vessels from the hazards associated with aerial insertions and
aircraft maneuvers.
DATES: This rule is effective from 11:30 a.m. on August 30, 2012, until
6:00 p.m. on September 3, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0814]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' You may visit
the Docket Management Facility, Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterway Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect spectators and
vessels from the hazards associated with aerial insertions and aircraft
maneuvering, which are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The Cleveland National Air Show has been taking place annually
since 1964. During the 2012 show, as with shows in the past, there will
be various high speed aerial and military tactical demonstrations on
and over Burke Lakefront to include various maneuvers by U.S. Navy Blue
Angels and civilian aircraft and by personnel on the Burke
[[Page 53143]]
Lakefront Airport grounds. Specifically, this year's aerial and
military tactical demonstrations will take place between 11:30 a.m. to
4:30 p.m. on August 30, 2012, 10:00 a.m. to 4:30 p.m. on August 31,
2012, and 8:00 a.m. to 6:00 p.m. on September 1, 2012 through September
3, 2012. A heavy amount of recreational boating traffic is expected for
these demonstrations. The Captain of the Port Buffalo has determined
that the maneuvers combined with a high concentration of recreational
vessels will create significant risks for the boating public.
C. Discussion of Final Rule
With the aforementioned risks in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of participants and the boating public during the
Marine Event. This safety zone will be effective from 11:30 a.m. on
August 30, 2012 until 6:00 p.m. on September 3, 2012. It will only be
enforced, however, from 11:30 a.m. to 4:30 p.m. on August 30, 2012,
10:00 a.m. to 4:30 p.m. on August 31, 2012, and 8:00 a.m. to 6:00 p.m.
on September 1 through 3, 2012.
The safety zone will encompass a portion of Lake Erie and Cleveland
Harbor near Burke Lakefront Airport from position 41[deg]30'20'' N and
081[deg]42'20'' W to 41[deg]30'50'' N and 081[deg]42'49'' W, to
41[deg]32'09'' N and 081[deg]39'49'' W, to 41[deg]31'53'' N and
081[deg]39'24'' W, then return to the original position (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene Patrol
Commander (PATCOM). Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Buffalo or his designated on-scene representative. Only state, federal,
and local vessels will be allowed in the safety zone. The Captain of
the Port or his designated on-scene representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This temporary final rule may affect the following entities, some
of which might be small entities: The owners of operators of vessels
intending to transit or anchor in a portion of Lake Erie and Cleveland
Harbor from 11:30 a.m. to 4:30 p.m. on August 30, 2012, 10:00 a.m. to
4:30 p.m. on August 31, 2012, and 8:00 a.m. to 6:00 p.m. on September 1
through 3, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for approximately ten hours each day in an area
with low commercial vessel traffic. Also, in the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port Buffalo to transit through the
safety zone. Additionally, the Coast Guard will give advanced notice to
the public via a local Broadcast Notice to Mariners that the regulation
is in effect. Moreover, the COTP will suspend enforcement of the safety
zone if the event for which the zone is established ends earlier than
the expected time.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section, above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of
[[Page 53144]]
their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this rule will not result in such an expenditure, we do discuss the
effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone, and
therefore, it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A final
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0814 to read as follows:
Sec. 165.T09-0814 Safety Zone; Cleveland National Air Show,
Cleveland, OH.
(a) Location. The safety zone will encompass a portion of Lake Erie
and Cleveland Harbor near Burke Lakefront Airport from position
41[deg]30'20'' N and 081[deg]42'20'' W to 41[deg]30'50'' N and
081[deg]42'49'' W, to 41[deg]32'09'' N and 081[deg]39'49'' W, to
41[deg]31'53'' N and 081[deg]39'24'' W, then return to the original
position (NAD 83).
(b) Enforcement Period. This regulation will be enforced from 11:30
a.m. to 4:30 p.m. on August 30, 2012, 10:00 a.m. to 4:30 p.m. on August
31, 2012, and 8:00 a.m. to 6:00 p.m. on September 1 through 3, 2012.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Buffalo or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
Dated: August 22, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-21532 Filed 8-30-12; 8:45 am]
BILLING CODE 9110-04-P